Legal New Mexico Gambling

New Mexico Gambling

What types of gambling are legal in New Mexico?

New Mexico offers most forms of legalized gambling. There is a state lottery. Tickets must be purchased at retailers. Casinos are permitted at racetracks and on tribal land. Sports betting is offered at tribal casinos. Charities may operate games of chance. 

Horseracing is the only form of legal online gambling in New Mexico. All other forms of online gambling are illegal in the state. 

This list shows the types of gambling found in New Mexico and where to find it:

  • Horse racing (off-track and mobile)
  • Slots and video poker (racetracks, tribal casinos)
  • Table games and poker (tribal casinos)
  • Sports betting (tribal casinos)
  • Bingo and raffles (charities and tribal casinos)
  • Lottery (instant games and lotto at retailers)

Online Gambling in New Mexico

Horseracing is the only form of explicitly legal online gambling in New Mexico. Sites like BetAmerica, TVG and TwinSpires accept players from the state. 

Daily fantasy sports contests are presumed to be a legal skill game in New Mexico. All major sites accept players in the state. These include DraftKings, FanDuel, Fantasy Draft and Yahoo.

Online Gambling Laws in New Mexico

There are no New Mexico laws that directly pertain to online gambling. Gambling is presumed illegal unless licensed by the state. Online horse racing is permitted through the federal Interstate Horseracing Act of 1978. It is regulated by the New Mexico Racing Commission. Mobile horse bettors must be at least 18 years old.

Daily fantasy sports are not regulated by the state. Bills to change that have failed to gain traction. Daily fantasy sports companies accept players that are at least 18 years old.

There are no licensed websites that offer online poker, casino games or sports betting in Missouri. These are considered illegal. 

New Mexico Casinos

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Land-based Casinos in New Mexico

There are two types of casinos in New Mexico. One is at racetracks. These gaming establishments may only have slots, video poker and other electronic table games. Live tables are not permitted at New Mexico racinos.

New Mexico tribal casinos may offer any game available at the racetracks. Reservation casinos may also have live table games, including blackjack, craps, roulette and poker. 

Casino Laws in New Mexico

There are two types of casinos in New Mexico. Racetrack ones pay a 46.25% tax rate. Of that, 26% goes to the state, 20% to racing purses and 0.25% to problem gambling resources. There are also annual licensing fees. Racinos may only operate slots, video poker and other electronic games like video table games and keno. Operations are only permitted on days of live or simulcast racing. 

Tribal casinos operate through a gaming compact with the state. There is an annual licensing fee. The tax rate is 8.75% to 9.5%, depending on annual gaming revenue. 

All New Mexico casino patrons must be at least 21 years old.

New Mexico Sports Betting

Sports betting is legal at tribal casinos in New Mexico. Bettors may choose from a typical menu of games across college and professional sports. There are no betting restrictions. Mobile sports betting away from tribal land is not permitted. 

Sports Betting Laws in New Mexico

Sports betting is generally illegal in New Mexico. This includes online sportsbooks. Tribal casinos determined that existing gaming pacts permitted sports betting when the Professional and Amatuer Sports Protection Act was overturned by the US Supreme Court in 2018. As this facet of gaming was never specifically addressed in gaming compacts, there are no regulations permitting mobile betting outside reservations. Bettors must be at least 21 years old. 

New Mexico Poker

Live poker in New Mexico is only permitted on tribal lands. There are no game restrictions or bet limits. Online poker is not licensed to operate in New Mexico.

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Poker Laws in New Mexico

Live poker is covered by tribal gaming compacts that permit table games at reservation casinos. The minimum age to play poker in New Mexico is 21.

Home Poker Games

There are no social gaming exceptions to New Mexico gambling laws. This means that home poker games are technically illegal in the state.

New Mexico Fantasy Sports

Fantasy sports contests are presumed legal in New Mexico. All major operators accept New Mexico residents. The sites include DraftKings, FanDuel, Fantasy Draft and Yahoo. Players must be at least 18 years old, per site rules.

Fantasy Sports Laws in New Mexico

There are no laws that directly pertain to fantasy sports contests. The sites operate as a skill game in New Mexico. There are no regulations. 

New Mexico Lottery

The New Mexico Lottery offers two types of games. Instant games are sold as scratch-off tickets and Fast Play. There are lotto drawings that include intrastate and interstate drawings. Ticket prices range from $1 to $10. Lottery sales are only made at retailers like convenience and grocery stores. There are no online lottery sales in New Mexico.

Intrastate Lottery Drawings

  • Pick 3
  • Pick 4
  • Roadrunner Cash

Interstate Lottery Drawings

  • Lotto America
  • Mega Millions
  • Powerball

New Mexico Lottery Laws

The New Mexico Lottery was created through a state constitutional amendment in November 1994. It passed 54 to 46. Lotto tickets were first sold in October 1996. College scholarship programs receive at least 30% of New Mexico Lottery proceeds. Players must be at least 18 years old.

New Mexico Horse Racing Betting

There are six horse racing tracks in New Mexico. Five are operated commercially. The other is a state fairground. The commercial racetracks double as casinos. Live and mobile bets on horse races may be made. New Mexico racetracks may have simulcast betting. Mobile betting is allowed on out of state races from sites like TVG, Twin Spires and BetAmerica. 

Racetracks may operate slots, video poker and electronic table games on days where there is live or simulcast race betting. Racinos must close at least six hours a day.

New Mexico Horse Racing Laws

New Mexico permits live and simulcast wagering on horses. This includes mobile off-track betting. Legal horse racing started in 1946. It held a regional monopoly until the 1980’s. Mobile betting was approved by racing regulators without a referendum due to the Horseracing Act of 1978. New Mexico horse players must be at least 18 years old.

eSports

eSports are not explicitly addressed by New Mexico law. Reservation casinos could make an argument for booking action on these games. None have offered these games on betting menus. Wagers made on these events by spectators outside a reservation would likely be illegal. This includes online sportsbooks. Participants could claim a skill game exception.

Traditional Games of Skill

Traditional games of skill sites and activities are legal. This includes skill competition websites like Worldwinner and cash game apps. 

Skill-based Gaming Machines

Skill-based gaming machines are legal for prizes away from casinos. These are permitted on racino and tribal casino floors in New Mexico.

New Mexico Charity Gambling Law

New Mexico was late to charitable gaming legalization. It was not fully permitted until 2009. Registered charities may offer bingo, pull-tabs, sweepstakes and raffles to raise funds. This was done through the ratification of the New Mexico Bingo and Raffle Act. Licenses cost $100 per year. Venders must pay $500 per year. 

New Mexico Gambling Regulator